CITY  OF  NEW  YORK 

BOARD  OF  ESTIMATE  AND  APPORTIONMENT 


BUILDING  ZONE  RESOLUTION 


(Adopted  July  25,  1916) 

A Resolution  regulating  and  limiting  the  height  and  bulk  of  buildings  hereafter  erected 
and  regulating  and  determining  the  area  of  yards,  courts  and  other  open  spaces, 
and  regulating  and  restricting  the  location  of  trades  and  industries  and  the  location 
of  buildings  designed  for  specified  uses  and  establishing  the  boundaries  of  districts 
for  the  said  purposes. 


Be  it  resolved  by  the  Board  of  Estimate  and  Apportionment  of  The  City  of 
New  York : 


Article  I — Definitions’ 


§ 1.  Definitions.  Certain  words  in  this  resolution  are  defined  for  the  purposes 
thereof  as  follows: 

(a)  Words  used  in  the  present  tense  include  the  future;  the  singular  number  in- 
cludes the  plural  and  the  plural  the  singular;  the  word  “lot”  includes  the  word  “plot”; 
the  word  “building”  includes  the  word  “structure.” 

(b)  The  “street  line”  is  the  dividing  line  between  the  street  and  the  lot. 

(c)  The  “width  of  the  street”  is  the  mean  of  the  distances  between  the  sides 
thereof  within  a block.  Where  a street  borders  a public  place,  public  park  or  navi- 
gable body  of  water  the  width  of  the  street  is  the  mean  width  of  such  street  plus 
the  width,  measured  at  right  angles  to  the  street  line,  of  such  public  place,  public  park 
or  body  of  water. 

(d)  The  “curb  level,”  for  the  purpose  of  measuring  the  height  of  any  portion 
of  a building,  is  the  mean  level  of  the  curb  in  front  of  such  portion  of  the  building. 
But  where  a building  is  on  a corner  lot  the  curb  level  is  the  mean  level  of  the  curb 
on  the  street  of  greatest  wi^th.  If  such  greatest  width  occurs  on  more  than  one 
street  the  curb  level  is  the  mean  level  of  the  curb  on  that  street  of  greatest  width 
which  has  the  highest  curb  elevation.  The  “curb  level”  for  the  purpose  of  regulating 
and  determining  the  area  of  yards,  courts  and  open  spaces  is  the  mean  level  of  the 
curb  at  that  front  of  the  building  where  there  is  the  highest  curb  elevation.  Where 
no  curb  elevation  has  been  established  or  the  building  does  not  adjoin  the  street  the 
average  ground  level  of  the  lot  shall  be  considered  the  curb  level. 

(e)  A “street  wall”  of  a building,  at  any  level,  is  the  wall  or  part  of  the 
building  nearest  to  the  street  line. 

(f)  The  “height  of  a building”  is  the  vertical  distance  measured  in  the  case  of 
flat  roofs  from  the  curb  level  to  the  level  of  the  highest  point  of  the  roof  beams 
adjacent  to  the  street  wall,  and  in  the  case  of  pitched  roofs  from  the  curb  level  to 
the  mean  height  level  of  the  gable.  Where  no  roof  beams  exist  or  there  are  structures 
wholly  or  partly  above  the  roof  the  height  shall  be  measured  from  the  curb  level 
to  the  level  of  the  highest  point  of  the  building.  Where  a building  is  a tenement 
house  as  defined  in  the  Tenement  House  Law  the  height  of  the  building  on  the  street 
line  shall  be  measured  as  prescribed  in  said  law  for  the  measurement  of  the  height 
of  a tenement  house  and  such  measurement  shall  be  from  the  curb  level  as  that 
term  is  used  in  said  law. 

(g)  The  “depth  of  a lot”  is  the  mean  distance  from  the  street  line  of  the  lot 
to  its  rear  line  measured  in  the  general  direction  of  the  side  lines  of  the  lot. 

(h)  A “rear  yard”  is  an  open  unoccupied  space  on  the  same  lot  with  a building 
between  the  rear  line  of  the  building  and  the  rear  line  of  the  lot. 

(i)  The  “depth  of  a rear  yard”  is  the  mean  distance  between  the  rear  line  of' 
the  building  and  the  rear  line  of  the  lot. 


2 


(j)  Lots  or  portions  of  lots  shall  be  deemed  “back  to  back”  when  they  are  on 
opposite  sides  of  the  same  part  of  a rear  line  common  to  both  and  the  opposite  street 
lines  on  which  the  lots  front  are  parallel  with  each  other  or  make  an  angle  with 
each  other  of  not  over  45  degrees. 

(k)  A “court”  is  an  open  unoccupied  space,  other  than  a rear  yard,  on  the  same 
lot  with  a building.  A court  not  extending  to  the  street  or  to  a rear  yard  is  an 
“inner  court.”  A court  extending  to  the  street  or  a rear  yard  is  an  “outer  court.” 
A court  on  the  lot  line  extending  through  from  the  street  to  a rear  yard  or  another 
street  is  a “side  yard.” 

(l)  The  “height  of  a yard  or  a court”  at  any  given  level  shall  be  measured 
from  the  lowest  level  of  such  yard  or  court  as  actually  constructed  or  from  the  curb 
level,  if  higher,  to  such  level.  The  highest  level  of  any  given  wall  bounding  a court 
or  yard  shall’  be  deemed  to  be  the  mean  height  of  such  wall.  Where  a building  is 
a tenement  house,  as  defined  in  the  Tenement  House  Law,  the  height  of  a yard  or  a 
court  shall  be  measured  as  prescribed  in  such  law. 

(m)  The  “least  dimension”  of  a yard  or  court  at  any  level  is  the  least  of  the 
horizontal  dimensions  of  such  yard  or  court  at  such  level.  If  two  opposite  sides  of 
a yard  or  court  are  not  parailel  the  horizontal  dimension  between  them  shall  be 
deemed  to  be  the  mean  distance  between  them. 

(n)  The  “length  of  an  outer  court”  at  any  given  point  shall  be  measured  in  the 

general  direction  of  the  side  lines  of  such  court  from  the  end  opposite  the  end 

opening  on  a street,  or  a rear  yard,  to  such  point. 

Article  II — Use  Districts 

§ 2.  Use  Districts.  For  the  purpose  of  regulating  and  restricting  the  location 
of  trades  and  industries  and  the  location  of  buildings  designed  for  specified  uses, 
the  City  of  New  York  is  hereby  divided  into  three  classes  of  districts:  (1)  residence 
districts,  (2)  business  districts,  and  (3)  unrestricted  districts;  as  shown  on  the  use 
district  map  which  accompanies  this  resolution  and  is  hereby  declared  to  be  part 
hereof.  The  use  districts  designated  on  said  map  are  hereby  established.  The  use 
district  map  designations  and  map  designation  rules  which  accompany  said  use  district 
map  are  hereby  declared  to  be  part  thereof.  No  building  or  premises  shall  be  erected 
or  used  for  any  purpose  other  than  a purpose  permitted  in  the  use  district  in  which 
such  building  or  premises  is  located. 

§ 3.  Residence  Districts.  In  a residence  district  no  building  shall  be  erected 

other  than  a building,  with  its  usual  accessories,  arranged,  intended  or  designed  ex- 

clusively for  one  or  more  of  the  following  specified  uses : 

(1)  Dwellings,  which  shall  include  dwellings  for  one  or  more  families  and  board- 
ing houses  and  also  hotels  which  have  thirty  or  more  sleeping  rooms. 

(2)  Clubs,  excepting  clubs  the  chief  activity  of  which  is  a service  customarily 
carried  on  as  a business. 

(3)  Churches. 

(4)  Schools,  libraries  or  public  museums. 

(5)  Philanthropic  or  eleemosynary  uses  or  institutions,  other  than  correctional 
institutions. 

(6)  Hospitals  and  sanitariums. 

(7)  Railroad  passenger  stations. 

(8)  Farming,  truck  gardening,  nurseries  or  green  houses. 

In  a residence  district  no  building  or  premises  shall  be  used  for  any  use  other 
than  a use  above  specified  for  which  buildings  may  be  erected  and  for  the  accessory 
uses  customarily  incident  thereto.  The  term  accessory  use  shall  not  include  a busi- 
ness nor  shall  it  include  any  building  or  use  not  located  on  the  same  lot  with  the 


Gn-$f 

M4?a-S- 


3 

building  or  use  to  which  it  is  accessory.  A private  garage  for  mc/re  than  five  motor 
vehicles  shall  not  be  deemed  an  accessory  use. 

§ 4.  Business  Districts,  (a)  In  a business  district  no  building  or  premises 
shall  be  used,  and  no  building  shall  be  erected  which  is  arranged,  intended  or  designed 
to  be  used,  for  any  of  the  following  specified  trades,  industries  or  uses : 

Ammonia,  chlorine  or  bleaching  powder  manufacture. 

Asphalt  manufacture  o’r  refining. 

Assaying  (other  than  gold  or  silver). 

Blacksmithing  or  horseshoeing. 

Boiler  making. 

Brewing  or  distilling  of  liquors. 

Carpet  cleaning. 

Celluloid  manufacture. 

Crematory. 

Distillation  of  coal,  woo'd  or  bones. 

Dyeing  or  dry  cleaning. 

Electric  central  station  power  plant. 

Fat  rendering. 

Fertilizer  manufacture. 

Garage  for  more  than  five  motor  vehicles,  not  including  a warehouse  where 
motor  vehicles  are  received  for  dead  storage  only,  and  not  including  a 
salesroom  where  motor  vehicles  are  kept  for  sale  or  for  demonstration 
purposes  only. 

Gas  (illuminating  or  heating)  manufacture  or  storage. 

Glue,  size  and  gelatine  manufacture. 

Incineration  or  reduction  of  garbage,  offal,  dead  animals  or  refuse. 

Iron,  steel,  brass  o'r  copper  works. 

Junk,  scrap  paper  or  rag  storage  or  baling. 

Lamp  black  manufacture. 

Lime,  cement  or  plaster  of  Paris  manufacture. 

Milk  bottling  and  distributing  station. 

Oil  cloth  or  linoleum  manufacture. 

Paint,  oil,  varnish  or  turpentine  manufacture. 

Petroleum  refining  or  storage. 

Printing  ink  manufacture. 

Raw  hides  or  skins — storage,  curing  o'r  tanning. 

Repair  shop  for  motor  vehicles. 

Rubber  manufacture  from  the  crude  material. 

Saw  or  planing  mill. 

Shoddy  manufacture  or  wool  scouring. 

Slaughtering  of  animals. 

Smelting. 

Soap  manufacture. 

Stable  for  more  than  five  horses. 

Starch,  glucose  or  dextrine  manufacture. 

Stock  yards. 

Stone  or  monumental  works. 

Sugar  refining. 

Sulphurous,  sulphuric,  nitric  or  hydrochloric  acid  manufacture. 

Tallow,  grease  or  lard  manufacturing  or  refining. 

Tar  distillation  or  manufacture. 

Tar  roofing  or  tar  waterproofing  manufacture. 


4 


(b)  In  a business  district  no  building  or  premises  shall  be  used,  and  no  build- 
ing shall  be  erected,  which  is  arranged,  intended  or  designed  to  be  used  for  any  trade, 
industry  or  use  that  is  noxious  or  offensive  by  reason  of  the  emission  of  odor,  dust, 
smoke,  gas  or  noise;  but  car  barns  or  places  of  amusement  shall  not  be  excluded. 

(c)  In  a business  district  no  building  or  premises  shall  be  used,  and  no  building 
shall  be  erected,  which  is  arranged,  intended  or  designed  to  be  used  for  any  kind  of 
manufacturing,  except  that  any  kind  of  manufacturing  not  included  within  the  pro- 
hibitions of  paragraphs  a and  b of  this  section  may  be  carried  on  provided  not  more 
than  25  per  cent,  of  the  total  floor  space  of  the  building  is  so  used,  but  space  equal 
to  the  area  of  the  lot  may  be  so  used  in  any  case,  although  in  excess  of  said  25 
per  cent.  The  printing  of  a newspaper  shall  not  be  deemed  manufacturing.  No  use 
permitted  in  a residence  district  by  section  3 shall  be  excluded  from  a business  district. 

§ 5.  Unrestricted  Districts.  The  term  “unrestricted  district”  is  used  to  desig- 
nate the  districts  for  which  no  regulations  or  restrictions  are  provided  by  this  article. 

§ 6.  Existing  Buildings  and  Premises.  In  any  building  or  premises  any  law- 
ful use  existing  therein  at  the  time  of  the  passage  of  this  resolution  may  be  contin- 
ued therein,  although  not  conforming  to  the  regulations  of  the  use  district  in  which 
it  is  maintained,  or  such  use  may  be  changed  or  converted  or  extended  throughout 
the  building,  provided,  in  either  case,  that  no  structural  alterations,  except  as  required 
by  existing  laws  and  ordinances,  are  made  therein  and  no  new  building  is  erected, 
and  provided  further  that : 

(1)  In  a residence  district  no  building  or  premises  unless  now  devoted  to  a . use 
that  is  by  section  4 prohibited  in  a business  district,  shall  be  converted  to  such  use ; and 

(2)  In  a residence  or  business  district  no  building  or  premises  unless  now  devoted 
to  a use  that  is  by  paragraph  a or  b of  section  4 prohibited  in  a business  district 
shall  be  converted  to  such  use. 

No  existing  building  designed,  arranged,  intended  or  devoted  to  a use  not  per- 
mitted by  this  article  in  the  district  in  which  such  use  is  located  shall  be  enlarged, 
extended,  reconstructed  or  structurally  altered  unless  such  use  is  changed  to  a use 
permitted  in  the  district  in  which  such  building  is  located ; except  that  such  building 
may  be  reconstructed  or  structurally  altered  to  an  extent  not  greater  than  50  per 
cent,  of  the  value  of  the  building,  exclusive  of  foundations,  for  the  purpose  of  con- 
tinuing therein,  without  any  extension  thereof,  a lawful  use  existing  therein  at  the 
time  of  the  passage  of  this  resolution,  and  such  use  may  be  continued  therein,  al- 
though not  conforming  to  the  regulations  of  the  use  district  in  which  it  is  maintained. 

§ 7.  Use  District  Exceptions.  The  Board  of  Appeals,  created  by  chapter  503 
of  the  laws  of  1916,  may,  in  appropriate  cases,  after  public  notice  and  hearing,  and 
subject  to  appropriate  conditions  and  safeguards,  determine  and  vary  the  application 
of  the  use  district  regulations  herein  established  in  harmony  with  their  general  pur- 
pose and  intent  as  follows: 

(a)  Permit  the  extension  of  an  existing  building  and  the  existing  use  thereof  upon 
the  lot  occupied  by  such  building  at  the  time  of  the  passage  of  this  resolution  or 
permit  the  erection  of  an  additional  building  upon  a lot  occupied  at  the  time  of  the 
passage  of  this  resolution  by  a commercial  or  industrial  establishment  and  which 
additional  building  is  a part  of  such  establishment ; 

(b)  Where  a use  district  boundary  line  divides  a lot  in  a single  ownership  at 
the  time  of  the  passage  of  this  resolution,  permit  a use  authorized  on  either  portion 
of  such  lot  to  extend  to  the  entire  lot,  but  not  more  than  25  feet  beyond  the  boundary 
line  of  the  district  in  which  such  use  is  authorized; 

(c)  Permit  the  extension  of  a building  into  a more  restricted  district  under 
such  conditions  as  will  safeguard  the  character  of  the  more  restricted  district; 


5 


(d)  Permit  in  a residence  district  a central  telephone  exchange  or  any  building  or 
use  in  keeping  with  the  uses  expressly  enumerated  in  section  3 as  the  purposes  for  which 
buildings  or  premises  may  be  erected  or  used  in  a residence  district; 

(e)  Permit  in  a business  district  the  erection  of  a garage  or  stable  in  any  portion 
of  a street  between  two  intersecting  streets  in  which  portion  or  block  there  exists  a 
public  garage  Or  public  stable  at  the  time  of  the  passage  of  this  resolution; 

(f)  Grant  in  undeveloped  sections  of  the  city  temporary  and  conditional  permits 
for  not  more  than  two  years  for  structures  and  uses  in  contravention  of  the  require- 
ments of  this  article. 

Article  III — Height  Districts 

§ 8.  Height  Districts.  For  the  purpose  of  regulating  and  limiting  the  height 
and  bulk  of  buildings  hereafter  erected,  the  City  of  New  York  is  hereby  divided  into 
five  classes  of  districts:  (a)  one  times  districts,  (b)  one  and  one-quarter  times 
districts,  (c)  one  and  one-half  times  districts,  (d)  two  times  districts,  (e)  two  and 
one-half  times  districts;  as  shown  on  the  height  district  map  which  accompanies 
this  resolution  and  is  hereby  declared  to  be  part  hereof.  The  height  districts  desig- 
nated on  said  map  are  hereby  established.  The  height  district  map  designations 
and  map  designation  rules  which  accompany  said  height  district  map  are  hereby 
declared  to  be  part  thereof.  No  building  or  paVt  of  a building  shall  be  erected  except 
in  conformity  with  the  regulations  herein  prescribed  for  the  height  district  in  which 
such  building  is  located. 

(a)  In  a one  times  district  no  building  shall  be  erected  to  a height  in  excess  of 
the  width  of  the  street,  but  for  each  one  foot  that  the  building  or  a portion  of  it 
sets  back  from  the  street  line  two  feet  shall  be  added  to  the  height  limit  of  such 
building  or  such  portion  thereof. 

(b)  In  a one  and  one-quarter  times  district  no  building  shall  be  erected  to  a 
height  in  excess  of  one  and  one-quarter  times  the  width  of  the  street,  but  for  each 
one  foot  that  the  building  or  a portion  of  it  sets  back  from  the  street  line  two  and 
one-half  feet  shall  be  added  to  the  height  limit  of  such  building  or  such  portion 
thereof. 

(c)  In  a one  and  one-half  times  district  no  building  shall  be  erected  to  a height 

in  excess  of  one  and  one-half  times  the  width  of  the  street,  but  for  each  one  foot 

that  the  building  or  a portion  of  it  sets  back  from  the  street  line  three  feet  shall 
be  added  to  the  height  limit  of  such  building  or  such  portion  thereof. 

(d)  In  a two  times  district  no  building  shall  be  erected  to  a height  in  excess  of 
twice  the  width  of  the  street,  but  for  each  one  foot  that  the  building  or  a portion 
of  it  sets  back  from  the  street  line  four  feet  shall  be  added  to  the  height  limit  of 
such  building  or  such  portion  thereof. 

(e)  In  a two  and  one-half  times  district  no  building  shall  be  erected  to  a height 

in  excess  of  two  and  one-half  times  the  width  of  the  street,  but  for  each  one  foot 

that  the  building  or  a portion  of  it  sets  back  from  the  street  line  five  feet  shall  be 
added  to  the  height  limit  of  such  building  or  such  portion  thereof. 

§ 9.  Height  District  Exceptions,  (a)  On  streets  less  than  50  feet  in  width 
the  same  height  regulations  shall  be  applied  as  on  streets  50  feet  in  width  and,  except 
for  the  purposes  of  paragraph  d of  this  section,  on  streets  more  than  100  feet  in  width 
the  same  height  regulations  shall  be  applied  as  on  streets  100  feet  in  width. 

(b)  Along  a narrower  street  near  its  intersection  with  a wider  street,  any 
building  or  any  part  of  any  building  fronting  on  the  narrower  street  within  100 
feet,  measured  at  right  angles  to  the  side  of  the  wider  street,  shall  be  governed 
by  the  height  regulations  provided  for  the  wider  street.  A corner  building  on  such 
intersecting  streets  shall  be  governed  by  the  height  regulations  provided  for  the 


6 


wider  street  for  150  feet  from  the  side  of  such  wider  street,  measured  along  such 
narrower  street. 

(c)  Above  the  height  limit  at  any  level  for  any  part  of  a building  a dormer, 
elevator  bulkhead  or  other  structure  may  be  erected  provided  its  frontage  length 
on  any  given  street  be  not  greater  than  60  per  cent  of  the  length  of  such  street 
frontage  of  such  part  of  the  building.  Such  frontage  length  of  such  structure  at 
any  given  level  shall  be  decreased  by  an  amount  equal  to  one  per  cent  of  such  street 
frontage  of  such  part  of  the  building  for  every  foot  such  level  is  above  such  height 
limit.  If  there  are  more  than  one  such  structures,  their  aggregate  frontage  shall  not 
exceed  the  frontage  length  above  permitted  at  any  given  level. 

(d)  If  the  area  of  the  building  is  reduced  so  that  above  a given  level  it  covers 
in  the  aggregate  not  more  than  25  per  cent,  of  the  area  of  the  lot,  the  building  above 
such  level  shall  be  excepted  from  the  foregoing  provisions  of  this  article.  Such  por- 
tion of  the  building  may  be  erected  to  any  height,  provided  that  the  distance  which  it 
sets  back  from  the  street  line  on  each  street  on  which  it  faces,  plus  half  of  the 
width  of  the  street,  equals  at  least  75  feet.  But  for  each  one  per  cent,  of  the  width 
of  the  lot  on  the  street  line  that  such  street  wall  is  less  in  length  than  such  width  of 
the  lot,  such  wall  may  be  erected  four  inches  nearer  to  the  street  line. 

(e)  When  at  the  time  plans  are  filed  for  the  erection  of  a building  there  are 
buildings  in  excess  of  the  height  limits  herein  provided  within  50  feet  of  either  end 
of  the  street  frontage  of  the  proposed  building  or  directly  opposite  such  building 
across  the  street,  the  height  to  which  the  street  wall  of  the  proposed  building  may 
rise  shall  be  increased  by  an  amount  not  greater  than  the  average  excess  height  of  the 
walls  on  the  street  line  within  50  feet  of  either  end  of  the  street  frontage  of  the  pro- 
posed building  and  at  right  angles  to  the  street  frontage  of  the  proposed  building  on 
the  opposite  side  of  the  street.  The  average  amount  of  such  excess  height  shall  be 
computed  by  adding  together  the  excess  heights  above  the  prescribed  height  limit  for 
the  street  frontage  in  question  of  all  of  the  walls  on  the  street  line  of  the  buildings 
and  parts  of  buildings  within  the  above  defined  frontage  and  dividing  the  sum  by  the 
total  number  of  buildings  and  vacant  plots  within  such  frontage. 

(f)  Nothing  in  this  article  shall  prevent  the  projection  of  a cornice  beyond  the 
street  wall  to  an  extent  not  exceeding  five  per  cent,  of  the  width  of  the  street  nor 
more  than  five  feet  in  any  case.  Nothing  in  this  article  shall  prevent  the  erection 
above  the  height  limit  of  a parapet  wall  or  cornice  solely  for  ornament  and  without 
windows  extending  above  such  height  limit  not  more  than  five  per  cent,  of  such 
height  limit,  but  such  parapet  wall  or  cornice  may  in  any  case  be  at  least  five  and 
one-half  feet  high  above  such  height  limit. 

(g)  The  provisions  of  this  article  shall  not  apply  to  the  erection  of  church  spires, 
belfries,  chimneys,  flues  or  gas  holders. 

(h)  Where  not  more  than  50  feet  of  a street  frontage  would  otherwise  be  sub- 
jected to  a height  limit  lower  than  that  allowed  immediately  beyond  both  ends  of 
such  frontage,  the  height  limit  on  such  frontage  shall  be  equal  to  the  lesser  of  such 
greater  height  limits. 

(i)  If  an  additional  story  or  stories  are  added  to  a building  existing  at  the  time 
of  the  passage  of  this  resolution,  the  existing  walls  of  which  are  in  excess  of  the 
height  limits  prescribed  in  this  article,  the  height  limits  for  such  additional  story  or 
stories  shall  be  computed  from  the  top  of  the  existing  walls  as  though  the  latter  were 
not  in  excess  of  the  prescribed  height  limits  and  the  carrying  up  of  existing  elevator 
and  stair  enclosures  shall  be  exempted  from  the  provisions  of  this  article. 

Article  IV — Area  Districts 

§ 10.  Area  Districts.  For  the  purpose  of  regulating  and  determining  the  area 
of  yards,  courts  and  other  open  spaces  for  buildings  hereafter  erected,  the  City  of 


7 


New  York  is  hereby  divided  into  five  classes  of  area  districts:  A,  B,  C,  D and  E; 
as  shown  on  the  area  district  map  which  accompanies  this  resolution  and  is  hereby 
declared  to  be  part  hereof.  The  area  districts  designated  on  said  map  are  hereby 
established.  The  area  district  map  designations  and  map  designation  rules  which 
accompany  said  area  district  map  are  hereby  declared  to  be  a part  thereof.  No  build- 
ing or  part  of  a building  shall  be  erected  except  in  conformity  with  the  regulations 
herein  prescribed  for  the  area  district  in  which  such  building  is  located.  Unless  other- 
wise expressly  provided  the  term  rear  yard,  side  yard,  outer  court  or  inner  co'urt 
when  used  in  this  article  shall  be  deemed  to  refer  only  to  a rear  yard,  side  yard, 
outer  court  or  inner  court  required  by  this  article.  No  lot  area  shall  be  so  reduced 
or  diminished  that  the  yards,  courts  or  open  spaces  shall  be  smaller  than  prescribed 
in  this  article. 

§ 11.  A Districts.  In  an  A district  a court  at  any  given  height  shall  be  at  least 
one  inch  in  least  dimension  for  each  one  foot  of  such  height. 

§ 12.  B Districts.  In  a B district  a rear  yard  at  any  given  height  shall  be  at 
least  two  inches  in  least  dimension  for  each  one  foot  of  such  height.  The  depth  of  a 
rear  yard  at  its  lowest  level  shall  be  at  least  10  per  cent,  of  the  depth  of  the  lot,  but 
need  not  exceed  10  feet  at  such  level.  An  outer  court  or  a side  yard  at  any  given 

height  shall  be  at  least  one  inch  in  least  dimension  for  each  one  foot  of  such  height.  An 

outer  court  at  any  given  point  shall  be  at  least  one  and  one-half  inches  in  least  dimen- 
sion for  each  one  foot  of  length.  But  for  each  one  foot  that  an  outer  court  at  any 
given  height  would,  under  the  above  rules,  be  wider  in  its  least  dimension  for  such 
height  than  the  minimum  required  by  its  length,  one  inch  shall  be  deducted  from  the 
required  least  dimension  for  such  height  for  each  24  feet  of  such  height.  A side  yard 
for  its  length  within  50  feet  of  the  street  may  for  the  purposes  of  the  above  rule  be 
considered  an  outer  court. 

§ 13.  C Districts,  (a)  In  a C district  a rear  yard  at  any  given  height  shall  be 
at  least  three  inches  in  least  dimension  for  each  one  foot  of  such  height.  The  depth  of 
a rear  yard  at  its  lowest  level  shall  be  at  least  10  per  cent,  of  the  depth  of  the  lot  but 
need  not  exceed  10  feet  at  such  level.  An  outer  court  or  a side  yard  at  any  given 

height  shall  be  at  least  one  and  one-half  inches  in  least  dimension  for  each  one  fo'ot 

of  such  height.  An  outer  court  at  any  given  point  shall  be  at  least  one  and  one-half 
inches  in  least  dimension  for  each  one  foot  of  length.  On  a lot  not  more  than  30 
feet  in  mean  width  an  outer  co'urt  or  a side  yard  at  any  given  height  shall  be  not 

less  than  one  inch  in  least  dimension  for  each  one  foot  of  such  height,  and  an  inner 

court  at  any  given  height  shall  be  either  (1)  not  less  than  two  inches  in  least  dimen- 
sion for  each  one  foot  of  such  height  or  (2)  it  shall  be  of  an  equivalent  area  as 
hereinafter  specified  in  paragraph  c of  section  17. 

(b)  If  the  owner  o'r  owners  of  any  part  of  a C district  set  aside  perpetually 

for  the  joint  recreational  use  of  the  residents  of  such  part  designated  by  them,  an 

area  at  least  equal  to  10  per  cent,  of  the  area  of  such  part  in  addition  to  all  yard 
and  court  requirements  for  a B district,  such  part  shall  be  subject  to  the  regulations 
herein  prescribed  for  a B district.  Such  joint  recreational  space  shall  be  composed  of 
o'ne  or  more  tracts,  each  of  which  shall  be  at  least  40  feet  in  least  dimension  and 
5,000  square  feet  in  area  and  shall  be  approved  by  the  Board  of  Appeals  as  suitable 
for  the  joint  recreational  use  of  such  residents. 

§ 14.  D Districts,  (a)  In  a D district  a rear  yard  at  any  given  height  shall  be 
at  least  four  inches  in  least  dimension  for  each  one  foot  of  such  height.  The  depth  of 
a rear  yard  at  its  lowest  level  shall  be  at  least  10  per  cent,  of  the  depth  of  the  lot,  but 
need  not  exceed  10  feet  at  such  level.  If  a building  in  a D district  is  located  in  a 
residence  district  as  designated  on  the  use  district  map,  the  depth  of  a rear  yard 


8 


at  its  lowest  level  shall  be  at  least  20  per  cent,  of  the  depth  of  the  lot,  but  need  not 
exceed  20  feet  at  such  level.  However,  for  each  one  foot  in  excess  of  10  feet  of  the 
depth  of  such  rear  yard  at  its  lowest  level,  there  may  be  substituted  one  foot  of  depth 
of  unoccupied  space  across  the  whole  width  of  the  front  of  the  lot  at  the  curb  level 
between  the  street  line  and  the  street  wall  of  the  building. 

(b)  In  a D district  an  outer  court  or  a side  yard  at  any  given  height  shall  be  at 
least  two  inches  in  least  dimension  for  each  one  foot  of  such  height.  An  outer  court 
at  any  given  point  shall  be  at  least  two  inches  in  least  dimension  for  each  one  foot  of 
length.  On  a lot  not  more  than  30  feet  in  mean  width  an  outer  court  or  a side 
yard  at  any  given  height  shall  be  not  less  than  one  and  one-half  inches  in  least 
dimension  for  each  one  foot  of  such  height.  On  such  lot  an  outer  court  at  any 
given  point  shall  be  not  less  than  one  and  one-half  inches  in  least  dimension  for 
each  one  foot  of  length.  On  such  lot  an  inner  court  at  any  given  height  shall  be 
either  (1)  not  less  than  three  inches  in  least  dimension  for  each  one  foot  of  such 
height  or  (2)  it  shall  be  of  an  equivalent  area  as  specified  in  paragraph  c of  section  17. 

(c)  In  a D district  no  building  located  within  a residence  district  as  designated 
on  the  use  district  map  shall  occupy  at  the  curb  level  more  than  60  per  cent,  of  the 
area  of  the  lot,  if  an  interior  lot,  or  80  per  cent,  if  a corner  lot.  In  computing  such 
percentage  any  part  of  the  area  of  any  corner  lot  in  excess  of  8,000  square  feet  shall  be 
considered  an  interior  lot. 

(d)  If  the  owner  or  owners  of  any  part  of  a D district  set  aside  perpetually 
for  the  joint  recreational  use  of  the  residents  of  such  part  designated  by  them,  an 
area  at  least  equal  to  10  per  cent,  of  the  area  of  such  part  in  addition  to  all  yard  and 
court  requirements  for  a C district,  such  part  shall  be  subject  to  the  regulations  herein 
prescribed  for  a C district.  Such  joint  recreational  space  shall  be  composed  of  one  or 
more  tracts,  each  of  which  shall  be  at  least  40  feet  in  least  dimension  and  5,000  square 
feet  in  area  and  shall  be  approved  by  the  Board  of  Appeals  as  suitable  for  the  joint 
recreational  use  of  such  residents. 

§ 15.  E Districts,  (a)  In  an  E district  a rear  yard  at  any  given  height  shall 

be  at  least  five  inches  in  least  dimension  for  each  one  foot  of  such  height.  The  depth 

of  a rear  yard  at  its  lowest  level  shall  be  at  least  15  per  cent,  of  the  depth  of  the  lot, 
but  need  not  exceed  15  feet  at  such  level.  If  a building  in  an  E district  is  located  in  a 
residence  district  as  designated  on  the  use  district  map,  the  depth  of  a rear  yard  at 
its  lowest  level  shall  be  at  least  25  per  cent,  of  the  depth  of  the  lot,  but  need  not 

exceed  25  feet  at  such  level.  However,  for  each  one  foot  in  excess  of  10  feet  of  the 

depth  of  such  rear  yard  at  its  lowest  level  there  may  be  substituted  one  foot  of  depth 
of  unoccupied  space  across  the  whole  width  of  the  front  of  the  lot  at  the  curb  level 
between  the  street  line  and  the  street  wall  of  the  building.  In  an  E district  on  at 
least  one  side  of  every  building  located  within  a residence  district  there  shall  be  a 
side  yard  along  the  side  lot  line  for  the  full  depth  of  the  lot  or  back  to  the  rear  yard. 

(b)  In  an  E district  an  outer  court  or  side  yard  at  any  given  height  shall  be 
at  least  two  and  one-half  inches  in  least  dimension  for  each  one  foot  of  such  height. 
On  a lot  not  more  than  50  feet  in  mean  width  an  outer  court  or  a side  yard  at  any 
given  height  shall  be  at  least  two  inches  in  least  dimension  for  each  one  foot  of  such 
height.  An  outer  court  at  any  given  point  shall  be  at  least  two  and  one-half  inches 
in  least  dimension  for  each  one  foot  of  length. 

(c)  In  an  E district  no  building  located  within  a residence  district  as  designated 
on  the  use  district  map  shall  occupy  at  the  curb  level  more  than  50  per  cent,  of  the 
area  of  the  lot,  if  an  interior  lot,  or  70  per  cent,  if  a corner  lot,  and  above  a level  18 
feet  above  the  curb  no  building  shall  occupy  more  than  30  per  cent,  of  the  area  of 
the  lot,  if  an  interior  lot,  or  40  per  cent,  if  a corner  lot.  In  computing  such  percentage 
any  part  of  the  area  of  any  corner  lot  in  excess  of  8,000  square  feet  shall  be  con- 
sidered an  interior  lot. 


9 


§ 16.  Rear  Yards,  (a)  Except  in  A districts,  for  lots  or  portions  of  lots 
that  are  back  to  back  there  shall  be  rear  yards  extending  along  the  rear  lot  lines  of 
such  lots  or  portions  of  lots  wherever  they  are  more  than  55  feet  back  from  the  near- 
est street.  Such  rear  yard  shall  be  at  least  of  the  area  and  dimensions  herein  pre- 
scribed for  the  area  district  in  which  it  is  located  at  every  point  along  such  rear  lot 
line.  Within  55  feet  of  the  nearest  street  no  rear  yards  shall  be  required.  No  rear 
yard  shall  be  required  on  any  corner  lot  nor  on  the  portion  of  any  lot  that  is  back  to 
back  with  a corner  lot. 

(b)  Where  a building  is  not  within  a residence  district  as  designated  on  the  use 
district  map,  the  lowest  level  of  a rear  yard  shall  not  be  above  the  sill  level  of  the 
second  story  windows,  nor  in  any  case  more  than  23  feet  above  the  curb  level.  Where 
a building  is  within  a residence  district  the  lowest  level  of  a rear  yard  shall  not  be 
above  the  curb  level,  except  that  not  more  than  40  per  cent,  of  the  area  of  the  yard 
may  be  occupied  by  the  building  up  to  a level  18  feet  above  the  curb  level.  In  the 
case  of  a church,  whether  within  or  without  a residence  district,  such  40  per  cent, 
may  be  occupied  up  to  a level  of  30  feet  above  the  curb  level. 

(c)  Chimneys  or  flues  may  be  erected  within  a rear  yard  provided  they  do  not 
exceed  five  square  feet  in  area  in  the  aggregate  and  do  not  obstruct  ventilation. 

(d)  Except  in  A districts,  where  a building  on  an  interior  lot  between  lots  for 
which  rear  yards  are  required  runs  through  the  block  from  street  to  street  or  to 
within  55  feet  of  another  street,  there  shall  be  on  each  side  lot  line  above  the  sill 
level  of  the  second  story  windows  and  in  any  case  above  a level  23  feet  above  the 
curb  level  a court  of  at  least  equivalent  area  at  any  given  height  to  that  required  foi 
an  inner  court  at  such  height  and  having  a least  dimension  not  less  than  that  requirec 
for  an  outer  court  at  the  same  height. 

(e)  When  a proposed  building  is  on  a lot  which  is  back  to  back  with  a lot  or  lots 

on  which  there  is  a building  or  buildings  having  rear  yards  less  in  depth  than  would  be 
required  under  this  article,  the  depth  of  the  rear  yard  of  the  proposed  building  shall 
not  be  required  to  be  greater  at  any  given  level  than  the  average  depth  of  the  rear 
yards  directly  back  to  back  with  it  at  such  level,  but  in  no  case  shall  the  depth  of 

such  rear  yard  be  less  at  any  height  than  the  least  dimension  prescribed  for  an  outer 

court  at  such  height. 

§ 17.  Courts,  (a)  If  a room  in  which  persons  live,  sleep,  work  or  con- 
gregate receives  its  light  and  air  in  whole  or  in  part  directly  from  an  open  space  on 
the  same  lot  with  the  building,  there  shall  be  at  least  one  inner  court,  outer  court, 
side  yard  or  rear  yard  upon  which  a window  or  ventilating  skylight  opens  from  such 
room.  Such  inner  court,  outer  court  or  side  yard  shall  be  at  least  of  the  area  and 
dimensions  herein  prescribed  for  the  area  district  in  which  it  is  located.  Such  rear 
yard  shall  be  at  least  of  the  area  and  dimensions  herein  prescribed  for  an  inner 
court  in  the  area  district  in  which  it  is  located.  In  an  A district,  such  inner  court, 
outer  court,  side  yard  or  rear  yard  shall  be  at  least  of  the  area  and  dimensions  herein 
prescribed  for  a court  in  such  district.  The  unoccupied  space  within  the  lot  in  front 

of  every  part  of  such  window  shall  be  not  less  than  three  feet,  measured  at  right 

angles  thereto.  Courts,  yards  and  other  open  spaces,  if  provided  in  addition  to  those 
required  by  this  section,  need  not  be  of  the  area  and  dimensions  herein  prescribed. 
The  provisions  of  this  section  shall  not  be  deemed  to  apply  to  courts  or  shafts  for 
bathrooms,  toilet  compartments,  hallways  or  stairways. 

(b)  The  least  dimension  of  an  outer  court,  inner  court  or  side  yard  at  its 
lowest  level  shall  be  not  less  than  four  feet,  except  that  where  the  walls  bounding 
a side  yard  within  the  lot  are  not  more  than  25  feet  in  mean  height  and  not  more 
than  40  feet  in  length,  such  least  dimension,  except  in  an  E district,  may  be  not  less 
than  three  feet.  Where  any  outer  court  opens  on  a street  such  street  may  be  consid- 
ered as  part  of  such  court. 


10 


(c)  The  least  dimension  of  an  inner  court  at  any  given  height  shall  be  not  less 
than  that  which  would  be  required  in  inches  for  each  one  foot  of  height  for  a rear 
yard  of  the  same  height,  except  that  an  inner  court  of  equivalent  area  may  be  sub- 
stituted for  said  court,  provided  that  for  such  area  its  least  dimension  be  not  less 
than  one-half  of  its  greatest  dimension.  If  an  inner  court  is  connected  with  a street 
by  a side  yard  for  each  one  foot  that  such  side  yard  is  less  than  65  feet  in  depth 
from  the  street,  one  square  foot  may  be  deducted  from  the  required  area  of  the  inner 
court  for  each  15  feet  of  height  of  such  court.  If  the  lot  is  not  required  under  this 
resolution  to  have  a rear  yard,  an  outer  court,  not  opening  on  a street,  shall  open  at 
any  level  on  an  inner  court  on  the  rear  line  of  the  lot  and  such  inner  court  shall  be 
deemed  a rear  yard  in  such  case. 

§ 18.  Area  District  Exceptions,  (a)  The  area  required  in  a court  or  yard 
at  any  given  level  shall  be  open  from  such  level  to  the  sky  unobstructed,  except 
for  the  ordinary  projections  of  skylights  and  parapets  above  the  bottom  of  such 
court  or  yard,  and  except  for  the  ordinary  projections  of  window  sills,  belt  courses, 
cornices  and  other  ornamental  features  to  the  extent  of  not  more  than  four  inches. 
However,  where  a side  yard  or  an  outer  court  opens  on  a street  a cornice  may  project 
not  over  five  feet  into  such  side  yard  or  outer  court  within  five  feet  of  the  street 
wall  of  the  building. 

(b)  An  open  or  lattice  enclosed  iron  fire  escape,  fireproof  outside  stairway  or 
solid-floored  balcony  to  a fire  tower  may  project  not  more  than  four  feet  into  a rear 
yard  or  an  inner  court,  except  that  an  open  or  lattice  enclosed  iron  fire  escape  may 
project  not  more  than  eight  feet  into  a rear  yard  or  into  an  inner  court  when  it 
does  not  occupy  more  than  20  per  cent,  of  the  area  of  such  inner  court. 

(c)  A corner  of  a court  or  yard  may  be  cut  off  between  walls  of  the  same 
building  provided  that  the  length  of  the  wall  of  such  cut-off  does  not  exceed  seven  feet. 

(d)  An  offset  to  a court  or  yard  may  be  considered  as  a part  of  such  court 
or  yard  provided  that  it  is  no  deeper  in  any  part  than  it  is  wide  on  the  open  side 
and  that  such  open  side  be  in  no  case  less  than  six  feet  wide. 

(e)  If  a building  is  erected  on  the  same  lot  with  another  building  the  several 
buildings  shall,  for  the  purposes  of  this  article,  be  considered  as  a single  building. 
Any  structure,  whether  independent  of  or  attached  to  a building,  shall  for  the  purposes 
of  this  article  be  deemed  a building  or  a part  of  a building. 

(f)  If  an  additional  story  or  stories  are  added  to  'a  building  existing  at  the 
time  of  the  passage  of  this  resolution,  the  courts  and  yards  of  which  do  not  conform 
to  the  requirements  of  this  article,  the  least  dimensions  of  yards  and  courts  shall 
be  increased  from  the  top  of  the  existing  yard  or  court  walls,  as  though  they  were 
of  the  prescribed  dimensions  at  such  heights  and  the  carrying  up  of  existing  elevator 
and  stair  enclosures  shall  be  exempted  from  the  provisions  of  this  article. 

Article  V — General  and  Administrative 

§ 19.  Interpretation;  Purpose.  In  interpreting  and  applying  the  provisions 
of  this  resolution,  they  shall  be  held  to  be  the  minimum  requirements  adopted  for  the 
promotion  of  the  public  health,  safety,  comfort,  convenience  and  general  welfare.  It 
is  not  intended  by  this  resolution  to  repeal,  abrogate,  annul  or  in  any  way  to  impair 
or  interfere  with  any  existing  provision  of  law  or  ordinance  or  any  rules,  reg- 
ulations or  permits  previously  adopted  or  issued  or  which  shall  be  adopted  or  issued 
pursuant  to  law  relating  to  the  use  of  buildings  or  premises ; nor  is  it  intended  by  this 
resolution  to  interfere  with  or  abrogate  or  annul  any  easements,  covenants  or  other 
agreements  between  parties;  provided,  however,  that  where  this  resolution  imposes  a 
greater  restriction  upon  the  use  of  buildings  or  premises  or  upon  height  of  buildings 
or  requires  larger  yards,  courts  or  other  open  spaces  than  are  imposed  or  required  by 


11 


such  existing  provision  of  law  or  ordinance  or  by  such  rules,  regulations  or  permits 
or  by  such  easements,  covenants  or  agreements,  the  provisions  of  this  resolution 
shall  control. 

§ 20.  Rules  and  Regulations;  Modifications  of  Provisions.  The  Board  of 
Standards  and  Appeals,  created  by  chapter  503  of  the  laws  of  1916,  shall  adopt 
from  time  to  time  such  rules  and  regulations  as  they  may  deem  necessary  to  carry 
into  effect  the  provisions  of  this  resolution.  Where  there  are  practical  difficulties  or 
unnecessary  hardships  in  the  way  of  carrying  out  the  strict  letter  of  the  provisions  of 
this  resolution  the  Board  of  Appeals  shall  have  power  in  a specific  case  to  vary  any 
such  provision  in  harmony  with  its  general  purpose  and  intent,  so  that  the  public 
health,  safety  and  general  welfare  may  be  secured  and  substantial  justice  done.  Where 
the  street  layout  actually  on  the  ground  varies  from  the  street  layout  as  shown  on 
the  use,  height  or  area  district  map,  the  designation  shown  on  the  mapped  street  shall 
be  applied  by  the  Board  of  Appeals  to  the  unmapped  streets  in  such  a way  as  to  carry 
out  the  intent  and  purpose  of  the  plan  for  the  particular  section  in  question.  Before 
taking  any  action  authorized  in  this  section  the  Board  of  Appeals  shall  give  public 
notice  and  hearing. 

§ 21.  Unlawful  Use;  Certificate  of  Occupancy.  It  shall  be  unlawful  to  use  or 
permit  the  use  of  any  building  or  premises  or  part  thereof  hereafter  created,  erected, 
changed  or  converted  wholly  or  partly  in  its  use  or  structure  until  a certificate  of  occu- 
pancy to  the  effect  that  the  building  or  premises  or  the  part  thereof  so  created,  erected, 
changed  or  converted  and  the  proposed  use  thereof  conform  to  the  provisions  of  this 
resolution  shall  have  been  issued  by  the  superintendent  of  buildings  of  the  borough  in 
which  such  building  or  premises  is  located,  or,  in  the  case  of  a tenement  house  as  de- 
fined in  the  Tenement  House  Law,  by  the  tenement  house  commissioner.  In  the  case 
of  such  buildings  or  premises  it  shall  be  the  duty  of  the  superintendent  of  buildings  or 
the  tenement  house  commissioner,  as  the  case  may  be,  to  issue  a certificate  of  occupancy 
within  ten  days  after  a request  for  the  same  shall  be  filed  in  his  office  by  any  owner 
of  a building  or  premises  affected  by  this  resolution,  provided  said  building  or  prem- 
ises, or  the  part  thereof  so  created,  erected,  changed  or  converted,  and  the  proposed  use 
thereof,  conforms  with  all  the  requirements  herein  set  forth.  Under  rules  and  regula- 
tions of  the  Board  of  Standards  and  Appeals  a temporary  certificate  of  occupancy  for 
a part  of  a building  may  be  issued  by  the  superintendent  of  buildings  or  the  tenement 
house  commissioner  as  the  case  may  be.  Upon  written  request  from  the  owner,  the 
superintendent  of  buildings  or  the  tenement  house  commissioner,  as  the  case  may  be, 
shall  issue  a certificate  of  occupancy  for  any  building  or  premises  existing  at  the  time 
of  the  passage  of  this  resolution  certifying  after  inspection  the  use  of  the  building  or 
premises  and  whether  such  use  conforms  to  the  provisions  of  this  resolution. 

§ 22.  Enforcement,  Legal  Procedure,  Penalties.  This  resolution  shall  be  en- 
forced by  the  tenement  house  commissioner,  the  fire  commissioner  and  by  the  super- 
intendent of  buildings  in  each  borough  under  the  rules  and  regulations  of  the  Board  of 
Standards  and  Appeals.  The  tenement  house  commissioner  shall  enforce  the  provi- 
sions herein  contained  in  so  far  as  they  affect  or  relate  to  tenement  houses  as  defined 
by  the  Tenement  House  Law.  The  superintendent  of  buildings  shall  in  each  borough 
enforce  the  provisions  herein  contained  in  so  far  as  they  relate  to  buildings  or  prem- 
ises ottier  than  tenement  houses.  The  fire  commissioner  shall  enforce  the  provisions 
herein  contained  in  so  far  as  they  relate  to  the  use  of  completed  buildings  or  prem- 
ises, or  part  thereof,  other  than  tenement  houses.  For  any  and  every  violation  of  the 
provisions  of  this  resolution  or  of  the  rules  and  regulations  adopted  thereunder,  the 
owner,  general  agent  or  contractor  of  a building  or  premises  where  such  violation 
has  been  committed  or  shall  exist,  and  the  lessee  or  tenant  of  an  entire  building  or 
entire  premises  where  such  violation  nas  been  committed  or  shall  exist,  and  the 


12 


owner,  general  agent,  contractor,  lessee  or  tenant  of  any  part  of  a building  or  prem- 
ises in  which  part  such  violation  has  been  committed  or  shall  exist,  and  the  general 
agent,  architect,  builder,  contractor  or  any  otner  person  who  commits,  takes  part  or  as- 
sists in  such  violation  or  who  maintains  any  building  or  premises  in  which  any  such 
violation  shall  exist,  shall  be  liable  to  the  same  legal  procedure  and  the  same  penal- 
ties as  are  prescribed  in  any  law,  statute  or  ordinance  for  violations  of  the  Building 
Code,  and  for  such  violations  the  same  legal  remedies  shall  be  had  and  they  shall  be 
prosecuted  in  the  same  manner  as  prescribed  in  any  law  or  ordinance  in  the  case 
of  violations  of  said  Building  Code. 

§ 23.  Amendments,  Alterations  and  Changes  in  District  Lines.  The  Board 

of  Estimate  and  Apportionment  may  from  time  to  time  on  its  own  motion  or  on  peti- 
tion, after  public  notice  and  hearing,  amend,  supplement  or  change  the  regulations 
and  districts  herein  established.  Whenever  the  owners  of  50  per  cent,  or  more  of 
the  frontage  in  any  district  or  part  thereof  snail  present  a petition  duly  signed  and 
acknowledged  to  the  Board  of  Estimate  and  Apportionment  requesting  an  amend- 
ment, supplement,  change  or  repeal  of  the  regulations  prescribed  for  such  district 
or  part  thereof,  it  shall  be  the  duty  of  the  Board  to  vote  upon  said  petition  within 
90  days  after  the  filing  of  the  same  by  the  petitioners  with  the  secretary  of  the  Board. 
If,  however,  a protest  against  such  amendment,  supplement  or  change  be  presented, 
duly  signed  and  acknowledged  by  the  owners  of  20  per  cent,  or  more  of  any  front- 
age proposed  to  be  altered,  or  by  the  owners  of  20  per  cent,  of  the  frontage  immediately 
in  the  rear  thereof,  or  by  the  owners  of  20  per  cent,  of  the  frontage  directly  opposite 
the  frontage  proposed  to  be  altered,  such  amendment  shall  not  be  passed  except  by 
the  unanimous  vote  of  the  Board.  If  any  area  is  hereafter  transferred  to  another 
district  by  a change  in  district  boundaries  by  an  amendment,  as  above  provided,  the 
provisions  of  this  resolution  in  regard  to  buildings  or  premises  existing  at  the  time 
of  the  passage  of  this  resolution  shall  apply  to  buildings  or  premises  existing  at  the 
time  of  passage  of  such  amendment  in  such  transferred  area. 

§ 24.  Completion  and  Restoration  of  Existing  Buildings,  (a)  Nothing  herein 
contained  shall  require  any  change  in  the  plans,  construction  or  designated  use 
of  a building  for  which  a building  permit  has  been  heretofore  issued,  or  plans 
for  which  are  on  file  with  the  building  superintendent  or  with  the  tenement 
house  department  at  the  time  of  the  passage  of  this  resolution,  and  a permit  for 
the  erection  of  wnich  is  issued  within  three  months  of  the  passage  of  this  resolution 
and  the  construction  of  which,  in  either  case,  shall  have  been  diligently  prosecuted 
within  a year  of  the  date  of  such  permit,  and  the  ground  story  framework  of 
which,  including  the  second  tier  of  beams,  shall  have  been  completed  within  such 
year,  and  which  entire  building  shall  be  completed  according  to  such  plans  as  filed 
within  five  years  from  the  date  of  the  passage  of  this  resolution. 

(b)  Nothing  in  this  resolution  shall  prevent  the  restoration  of  a building  wholly 
or  partly  destroyed  by  fire,  explosion,  act  of  God  or  act  of  the  public  enemy  or  pre- 
vent the  continuance  of  the  use  of  such  building  or  part  thereof  as  such  use  existed 
at  the  time  of  such  destruction  of  such  building  or  part  thereof  or  prevent  a change 
of  such  existing  use  under  the  limitations  provided  in  Section  6.  Nothing  in  this 
resolution  shall  prevent  the  restoration  of  a wall  declared  unsafe  by  the  superintendent 
of  buildings  or  by  a board  of  survey. 

§ 25.  When  Effective.  This  resolution  shall  take  effect  immediately. 


